Complaint Review: Universal Acceptance Corp. - Springfield Missouri

 I intentionally left you an opening because I knew you would fall right into it.

You are trying to reference the Fair Debt Collection Practices Act(FDCPA).   But guess what...this act ONLY applies to 3rd Party Collection Agencies.  That is companies that their PRIMARY function it to collect debts.  UAC is considered an "Original Creditor" and therfore the FDCPA does not apply to them.   Now, the good news for you is that if they ever sell the debt to one you are covered.  But until then...well you just proved your ignorance.

I underlined a few sections that are of interest to you.

§ 803 - Definitions

(6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include --

(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;

(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;

(C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;

(D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;

(E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and

(F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.

When they stop playing by the rules the paper that I signed called a contract is no good anymore.

- Again the first person to stop playing by the "rules" was you when you broke your agreement to make a payment at a given time for a given amount.  Oh and as for the first person who said it was "okay"...at no time did they say that you wouldn't get contacted did they? 

As for your plan in court, you are so dillusional in how you think it will go I can't even respond with the thought you would understand.  However, I really hope that when they do sue you you post the court docket information so everyine can follow your case.

§ 806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. (3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3) of this Act. (4) The advertisement for sale of any debt to coerce payment of the debt. (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. (6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity. [Codified to 15 U.S.C. 1692d] [Source: Section 806 of title VIII of the Act of May 29, 1968 (Pub. L. No. 90-321), as added by the Act of September 20, 1977 (Pub. L. No. 95-109; 91 Stat. 877), effective March 20, 1978] "Fair Debt Collection Practices Act" Ok mystery mouth, I'm not doing all your homework for you or am I going to get into some debate with someone who cant comprehend what they read. So i am going to try to help you out... R E A D I T A G A I N A N D D O S O M E H O M E W O R K...before you come at me and spouting crap with no support. As for saying that I didn't owe money, I NEVER SAID THAT!!!

I am complaining about the treatment that I received. The warranty said "THE POWER TRAIN" It did state things like the water system was exempt on the motor and the tires and brake pads/shoes because of normal wear. I was talking things like the four wheel drive electrical system that was turning on and off by itself and the entire brake caliper falling off and tearing brake lines which is in fact part of the "drive train." So let me reiterate (sorry I will use simple words so you dont get confused) say again, I made an arrangement with a representative of U.A.C. (That means me and someone that works there had a deal) that I would be a little longer giving them money for the vehicle than I first said I would. That person said ok. Then other people started calling me on the phone for money that the first person knew they were not going to get at that time. Then they started calling me many times a day and all of my friend that they knew too. That was wrong of them to do and I asked them to be nice and play by the rules. When they stop playing by the rules the paper that I signed called a contract is no good anymore.

As for court, it will be locked up in affidavits and requisitions for so long by the time it hits a courtroom they will be trying to take my retirement checks (and I'm not 40 yet). After it hits the courtroom, I am going to make the courts prove jurisdiction over a civil case in a "military" court (look up gold trimmed united states flag on your computer, have help it will confuse you). Then, the judge will be mad at me for that, which now he is unable to continue on ground of he will not be impartial and therefore incompetent, so there is a demand for dismissal and that will be refused. Now demand for mistrial because I can not be fairly judged in that court and will file for a new trial and by this time will be on my way to the pokey, which is fine because now that judge has a lawsuit from me as well as all policy enforcers who laid hands on me or coerced me to comply with there kidnapping. Ok now none of the above can officially be tried in that county, so now off to state for the vehicle and state supreme for the judge and the policy enforcers. It repeats. Oh yea, I almost forgot, They will all have to agree to speak using the Websters dictionary because I am not completely versed in the Black's Law Dictionary or Boulvier's Dictionary either, meaning they can not expect me to defend myself when they are talking another language because that would be like me expecting them to understand me talking in oilfield lingo. Now everyone is running around wasting time and money and I am the one laughing because they know that I am not as stupid as they want me to be or that I am intimidated by their enforcers who like to beat up on people who stand up for what is right no matter who tries to push them down. Have a good day sir/madam for you hid who you are.

 Why is it that the more of a "Deadbeat" someone is the more laws they think they know to get them out of meeting their legal obligations?  

Later I figured out was limited to whatever was cheap for them to fix.

- Oh and can you point out the line in the WRITTEN warranty that states that? 

 I told them what they were doing was both illegal, as well as, they could be sued for the harassment, coercion, and unlawful practice.

- Really?  And can you site the specific law that they were breaking?    Because you will find that the "harrasment" claims don't really work on a company who YOU owe money to based on a legal contract.   You will find that when you signed the loan aggrement you gave them permission to contact you and your references.

As for your idea of Coercion. Here is the legal definition.

Compulsion; force; duress. It may be either actual, where  physical force Is put upon a man to compel him to do an act against his will, or  implied,  where the  relation of the parties is such that one is under subjection to the other, and  is thereby constrained to do what his free will would refuse.

So yes you could claim that they were involved in "coercion" because they were trying to make you pay your bill against your own free will...but you try to put that claim in front of a judge and they will laugh their pants off.

As for unlawful practice..again if you read your loan agreement you would find that they have the legal right to reposess your vehicle and report your negative payment history should you fail to make your payments.

After a week they finally came and got the vehicle. good riddance to bad rubbish, meaning vehicle and company.

- Oh and I know you are lauging right now saying that I am 100% wrong and they can't touch you because you are so smart and outsmarted their "illegal" tactics.  Well I really hate to tell you this but the last laugh will be on you.  As they will sell the car at auction, they will come after you for the deficiency balance, they will eventually file a suit against you, and a judge will eventually rule against you.  Now, this may not be today or even this month..but it will eventually happen.

And if you don't believe me, perhaps you should take some advise...stop studying law as a "hobby" and go talk to a real lawyer.  Oh and NO I am not a lawyer, not claiming to give you any legal advise, but don't be shocked if when you do talk to a lawyer they tell you basically the same thing.